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the -- >> are you describing, basically, a write -- a left ofcenteranthonykennedy? isthat what you're hoping for here? >> i'm saying someone who's like anthony kennedy. anthony kennedy is a republican, but if you look at what he's decided, you know, in many cases, i've agreed with him. but i think that president obama is going to pick the person who on the supreme court who can do the job, and that he's not going to be afraid to pick somebody who he thinks is capable of doing the job right now and right on. >> ron klain, you've been through a lot of these dossiers. do those judges exist anymore? are those anthony kennedys out there or those left of center that really do straddle the ideological line a little bit more than we're used to? i feel like both parties have been making a move towards their bases on their aown tppointappo. >> anthony kennedy was nominated by ronald reagan, and was confirmed 97-0 in a presidential election year. >> by a democratic senate. >> but on the third trial. >> and to sarah's point, it was after bjork. >> after bjork which, of course, we define wh

the -- >> are you describing, basically, a write -- a left of center anthony kennedy? is that what you're hoping for here? >> i'm saying someone who's like anthony kennedy. anthony kennedy is a republican, but if you look at what he's decided, you know, in many cases, i've agreed with him. but i think that president obama is going to pick the person who on the supreme court who can do the job, and that he's not going to be afraid to pick somebody who he thinks is capable of doing...

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: that is not the way our constitution works." they pointout:anthonykennedywasconfirmed by a democratic senate... in president reagan's final year. "the constitution does not include exemptions for election years, or for the president's last term in office." "we're in an election year, so i'm not going to pretend rain totals in some areas. expect much warmer temperatures for the rest of the week with highs in the 60s and lower 70s. the usc women have knocked off to take on tennessee. usc got off to a slow start in the 1st night from a'ja wilson, held off the volunteers. final score 62 to 56. the usc men are looking to get back in the win column tonight. the gamecocks lost for just the 4th time this season to kentucky on saturday. they'll be in the other columbia tonight to take on missouri on the road. game time is 7 o'clock on the sec network. clemson quarterback deshaun watson was given one of the the biggest honors for college football quarterbacks last night. watson won the davey o'brien national quarterback award. deshaun retweeted this post from clemson football from th

: that is not the way our constitution works." they point out: anthony kennedy was confirmed by a democratic senate... in president reagan's final year. "the constitution does not include exemptions for election years, or for the president's last term in office." "we're in an election year, so i'm not going to pretend rain totals in some areas. expect much warmer temperatures for the rest of the week with highs in the 60s and lower 70s. the usc women have knocked off to take...

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that and points to the confirmation ofjusticeanthonykennedyasan example. nominated by president reagan, kennedy was confirmed during the 1988 election year by a democratic senate. of course, in that case, it took three tries before the president's pick actuall won confirmation. scott, this time the white house is already calling democrats and republicans in congress to try to grease the wheels for their >> margaret, thank you very much. margaret mentioned the history. in fact it would be rare for the senate to turn the president down in an election year. in the 20th century, the senate voted on seven supreme court nominees during election years. and approved all but one. nancy cordes is on capitol hill. >> i intend to make 2016 a referendum on the u.s. supreme court. >> reporter: it took roughly three hours for scalia's passing to become a major campaigner to. >> the president under our constitution has a duty to send forth a name to be considered by the senate. and the senate hasas a duty to consider that. >> reporter: on capitol hill, republicans on the pivotal senate judiciar

that and points to the confirmation of justice anthony kennedy as an example. nominated by president reagan, kennedy was confirmed during the 1988 election year by a democratic senate. of course, in that case, it took three tries before the president's pick actuall won confirmation. scott, this time the white house is already calling democrats and republicans in congress to try to grease the wheels for their >> margaret, thank you very much. margaret mentioned the history. in fact it...

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circumstances. >> well, you know, 13monthsanthonykennedygotconfirmed during the last year of ronald reagan's term. but, it was pointed out, too, that there's no reason why anthony kennedy, he was the third option. they rejected the previous two other nominees which took up a lot of that time so the vote did happen, but it was clear they were not going to get confirmed so that's why the 13 months is when reagan got his last justice. >> and some names have been tossed around. president obama hasn't said who he's considering but cabinet members and politicians, and current judges, a couple of them, attorney general loretta lynch also homeland security secretary jeh johnson. >> also on the list is republican orrin hatch, which would be interesting. meanwhile, given the fact that justice scalia died when you look at the top trends online over the last couple of years, look at this. u.s. trend, scalia, that makes sense. grayson allen, duke, and there you have number four, clarence thomas. why would clarence thomas, who is very much alive, and also a justice on the supreme court, be

circumstances. >> well, you know, 13 months anthony kennedy got confirmed during the last year of ronald reagan's term. but, it was pointed out, too, that there's no reason why anthony kennedy, he was the third option. they rejected the previous two other nominees which took up a lot of that time so the vote did happen, but it was clear they were not going to get confirmed so that's why the 13 months is when reagan got his last justice. >> and some names have been tossed around....

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seats to establish the new order of seniority withjudgeanthonykennedyasthe senior associate justice. a spot will remain open at the end of the bench until the next justice is nominated and confirmed. >>> one of the most powerful women in the u.s. senate is battling breast cancer. claire mccaskill revealed the diagnosis on her tumblr page. it was detected during a good and she's expecting a full recovery. mack caka she will be in st. louis for the next three weeks receiving treatment. >>> it could cost you $9 one way on the beltway once rush hour tolling begins. that's inside the beltway once the tolling begins. there are ways to beat those tolls, however. or driving altogether for that matter. transportation reporter adam tuss out along i-66 in arlington now with more on this. adam? >> reporter: that's right, jim. rush hour tolls set to kick in here on i-66 inside the beltway about next summer, but, hey, you don't want to drive here, you don't want to pay the toll, there is a way you can get a free ride. those car pool slug lines. if you want to get the best ride possible on

seats to establish the new order of seniority with judge anthony kennedy as the senior associate justice. a spot will remain open at the end of the bench until the next justice is nominated and confirmed. >>> one of the most powerful women in the u.s. senate is battling breast cancer. claire mccaskill revealed the diagnosis on her tumblr page. it was detected during a good and she's expecting a full recovery. mack caka she will be in st. louis for the next three weeks receiving...

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1988 -- during a presidential election -- grassley voted toconfirmanthonykennedytothe high court during ronald reagan's presidency. a trial date is now set for the man charged with running over and killing a corridor woman in ames. ames.benjamin clague pleaded not guilty in the death of emmalee jacobs from urbana. urbana.police say clauge was behind the wheel of the bus that hit cobs in december.he faces a number of charges -- including leaving the scene of a fatal accident.his trial is scheduled to start april fifth and he faces five years in jail. cbs 2 news has new details regarding a fatal officer involved shooting in urbandale. urbandale.three urbandale police officers are now on paid administrative leave following the saturday morning shooting.it happened at a hotel while the officers were responding to a drug complaint. in the lobby, they found ali yahia of des s ines, who pulled out a gun and opened fire.the officers shot back, fatally hitting the 29-year- old.they'll remain on leave during an investigation. at least five sexual abuse allegations have now surfaced at an e

1988 -- during a presidential election -- grassley voted to confirm anthony kennedy to the high court during ronald reagan's presidency. a trial date is now set for the man charged with running over and killing a corridor woman in ames. ames.benjamin clague pleaded not guilty in the death of emmalee jacobs from urbana. urbana.police say clauge was behind the wheel of the bus that hit cobs in december.he faces a number of charges -- including leaving the scene of a fatal accident.his trial is...

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the facts. reminding them that ronald reagan's nominee,justiceanthonykennedy-wasconfirmed by the senate in february 1988. president obama is doing the same thing that president reagan did at the end of his felt as the supreme court justices are expected to take on several hot button issues...including the contraceptive mandate, abortion, and obama's actions on immigration. i'm andrew spencer reporting. now a 13 action news update for your commute. tomorrow night, crews will be clsoing lanes on rainbow between sunset and russell. it is going to be down to one lane in both directions. the city is widening the road, and adding a new flood control tunnel underneath it. the project is expected to finish late next spring. new at six... some good news for north las vegas police. two of its k-9 officers are getting brand new kevlar vests. officers submitted pictures of the dogs into a contest to win a vest. but the donors decided they couln't pick just one.. so they will be giving all the dogs who entered the national contest vests. each vest costs 25-hundred dollars. coming up.. thi

the facts. reminding them that ronald reagan's nominee, justice anthony kennedy -was confirmed by the senate in february 1988. president obama is doing the same thing that president reagan did at the end of his felt as the supreme court justices are expected to take on several hot button issues...including the contraceptive mandate, abortion, and obama's actions on immigration. i'm andrew spencer reporting. now a 13 action news update for your commute. tomorrow night, crews will be clsoing...

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justices will switch seats according to their seniority in the court.justiceanthonykennedyisthe longest serving member of the court at 28 years. >>> a popular vacation spot is in ruins after one of the strongest cyclones ever recorded slammed into it over the weekend. right now, the death toll in fiji from the powerful storm is 18 but that number could rise. winds from cyclone winston reached close to 180 miles per hour. at this hour, authorities are having truck communicating with some of the country's outer islands. more than 6000 people have been forced into emergency shelters, just so much devastation. >> wow. cat 5, sustained 180 and gusts over 200 miles per hour. i can't imagine what happened to that place. >> wow. >> meanwhile, here, what a difference a few days have made. it feels like april out there. >> it was gorgeous over the weekend, and that helps us out as we enter a stormy stretch. figure tuesday midday through thursday morning, the weather's going to have an impact and probably slow you down one way or another. and we have all kinds of weather to talk about, but

justices will switch seats according to their seniority in the court. justice anthony kennedy is the longest serving member of the court at 28 years. >>> a popular vacation spot is in ruins after one of the strongest cyclones ever recorded slammed into it over the weekend. right now, the death toll in fiji from the powerful storm is 18 but that number could rise. winds from cyclone winston reached close to 180 miles per hour. at this hour, authorities are having truck communicating...

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seniority.anthonykennedywillbecome the senior associate. on the far end of the bench will be an empty spot waiting to be filled by the next person nominated and confirmed. >> you and i, pete, went into the supreme court when the body of antonin scalia was lying in repose. i had the opportunity to talk to some of the staff members who you know well. many of them have worked there for decades, and obviously, this is a tough day for them, but work does go on. so if you could just highlight for us sort of the key things that are on the docket as the justices get back to work. >> well, they're hearing cases today and tomorrow. and next week as well. the big case, the first big case where justice scalia's absence could make a difference is next week, when the justices will hear argument over restrictions on access to abortion clinics in texas. requiring clinics to have doctors that have admitting privileges at nearby hospitals and requiring that clinics be built to the same standards as ambulatory care centers and later on, the challenge to president obama's immigration policy. we're still

seniority. anthony kennedy will become the senior associate. on the far end of the bench will be an empty spot waiting to be filled by the next person nominated and confirmed. >> you and i, pete, went into the supreme court when the body of antonin scalia was lying in repose. i had the opportunity to talk to some of the staff members who you know well. many of them have worked there for decades, and obviously, this is a tough day for them, but work does go on. so if you could just...

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some shots at the supreme court politically. the last election year nominee wehad,anthonykennedy, wasonly an election year nominee because of the way senate or kennedy led the charge against robert bourque. bourque failed and remember the kennedy speech which was really kind of a cultural war hiroshima -- >> it was unbelievable. >> robert bourque's america is segregated lunch counters. >> back alley abortion. it was -- and i say this with all due respect, it was horrible. it was a -- that was a horrible moment. explain how that moment -- i've always believed this but people might believe you if you say it, i think that speech was fairly destruct i destructive to this entire process. >> there were two moments in that era, one was the rise of gingrich on the right this which he was rising as george h.w. bush becomes president, george h.w. bush is the last eisenhower republican and he has this culture on the right -- reflectionive culture on the right taking shape but the kennedy speech against bourque was a similar kind of moment on the left and i think if you want to trace -- we can a

some shots at the supreme court politically. the last election year nominee we had, anthony kennedy, was only an election year nominee because of the way senate or kennedy led the charge against robert bourque. bourque failed and remember the kennedy speech which was really kind of a cultural war hiroshima -- >> it was unbelievable. >> robert bourque's america is segregated lunch counters. >> back alley abortion. it was -- and i say this with all due respect, it was horrible....

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conservative judges are john roberts, and clarencethomas.anthonykennedyhaslong been considered the swing vote. they can could find themselves in a split. in that case, the lower court ruling is upheld. and you might remember the name because he graduated from sanford law school in 1995. also mentioned is current california attorney general kamela harris. she says she's not interested and plans to run for senate. many republicans want president obama to wait on naming a nominee so the next president can do it next year. the senate may resort to a stall tactic to a process that normally takes months could take longer. back to you. >>> a southern california man shared a gift with the pope and that represents poverty to success. >> noel is living his dream. born in a card board shanty, the son of a single mother, he remembers being catholic. >> i finished classes for first communion. my mother said sorry but you're not going to do first communion? why? i don't have money to buy the clothes. you need a white shirt, and black pants. >> he was just a little boy, he came up with a plan. >>

conservative judges are john roberts, and clarence thomas. anthony kennedy has long been considered the swing vote. they can could find themselves in a split. in that case, the lower court ruling is upheld. and you might remember the name because he graduated from sanford law school in 1995. also mentioned is current california attorney general kamela harris. she says she's not interested and plans to run for senate. many republicans want president obama to wait on naming a nominee so the next...

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treated differently by the court system.justiceanthonykennedyhassaid "children's diminished culpability and heightened capacity for change, cast doubt on mandatory sentences.," he added the most punitive sentences for juveniles will be uncommon. judge walker says its counter intuitive, but harsh sentences just make most juveniles more harsh. knowing they are inevitably going to come out, to have a safer community, you've gotta address them in ways that work. and what we know is, punitive, retrobutive things don't work with kids. this isn't to say the worst of the worst won't have to serve longer sentences when compared to other juvenile offenders. justice kennedy has said the rare juvenile offender may not be helped by rehabilitation, and life without parole is justified. terri russell kolo 8 news now. a civil rights group has filed a lawsuit, challenging a law requiring sex offenders, to be identified on their passports. president obama signed-- the international megan's law bill, into law yesterday. "california reform sex offender laws"--- filed the lawsuit, challenging th

treated differently by the court system. justice anthony kennedy has said "children's diminished culpability and heightened capacity for change, cast doubt on mandatory sentences.," he added the most punitive sentences for juveniles will be uncommon. judge walker says its counter intuitive, but harsh sentences just make most juveniles more harsh. knowing they are inevitably going to come out, to have a safer community, you've gotta address them in ways that work. and what we know is,...

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nomi e nominees who have been nominated and confirms in an election year.justiceanthonykennedywasconfirmed in february of 1998, the year, the last year of president reagan's presidency. it's really -- it can go both ways is the way to sum it up. >> amy, thank you so much. we'll talk more about that. thank you for joining us. >> today, hillary clinton will be right here in south carolina, ahead of this weekend's primary. bernie sanders is in missouri, after his team unveils a new strategy. we're going to dig into where senator sanders is now advertising and what that could tell us about his plan beyond super tuesday. we're right back live in columbia, south carolina. the world a president has to grapple with. sometimes you can't even imagine. that's the job. and she's the one who's proven she can get it done. ...securing a massive reduction in nuclear weapons... ...standing up against the abuse of women... ...protecting social security... ...expanding benefits for the national guard... ...and winning health care for 8 million children... the presidency is the toughest job in the w

nomi e nominees who have been nominated and confirms in an election year. justice anthony kennedy was confirmed in february of 1998, the year, the last year of president reagan's presidency. it's really -- it can go both ways is the way to sum it up. >> amy, thank you so much. we'll talk more about that. thank you for joining us. >> today, hillary clinton will be right here in south carolina, ahead of this weekend's primary. bernie sanders is in missouri, after his team unveils a...

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replace scalia. president reagan'snominee,anthonykennedy, wasconfirmed in february 1988 but kennedy's case is an unusual one. the vacancy came the previous powell resigned. reagan then nominated the less-controversial kennedy in november 1987. the senate confirmed him three months later, 97-0. democrats say with 11 months left in obama's presidency, there's plenty of time to confirm a justice. president obama was asked if people should assume that he's going to nominate a moderate to replace scalia, somebody who would have support from republicans. the president said we should make no assumption on who we will nominate expect it will be someone who is well qualified. jonathan karl, abc news, the white house. >>> after trading insulting with his republican rivals, donald trump is now sparring with president obama. trump criticized the president after he predicted voters will not elect him and trump was in rare form at a rally in south carolina, when he was interrupted by a protester. supporters who escorted the demonstrator out were invited to the stage to speak. >> if it wasn't for mr

replace scalia. president reagan's nominee, anthony kennedy, was confirmed in february 1988 but kennedy's case is an unusual one. the vacancy came the previous powell resigned. reagan then nominated the less-controversial kennedy in november 1987. the senate confirmed him three months later, 97-0. democrats say with 11 months left in obama's presidency, there's plenty of time to confirm a justice. president obama was asked if people should assume that he's going to nominate a moderate to...

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nominee,anthonykennedywasconfirmed in february 1988. but kennedy's case is an unusual one. the vacancy came the previous year - in july 1987 when justice lewis powell resigned. reagan first nominated robert bork, who the senate rejected after a long, bitter debate. reagan then nominated the less-controversial kennedy in november 1987. the senate confirmed him three months later - 97 to 0. democrats say with 11 months left in obama's presidency, there's plenty of time to confirm a justice. you know how frustrating it can be when your flight is delayed by a few hours. it can really alter your plans... but imagine if your flight landed a full 24 hours later. details of a nightmare flight that just landed in new york city. responding to a recent court order asking the company to unlock an i- phone belonging to one of the san bernardino shooters. and here's a look at today's pump patrol. according to gasbuddy.com you will pay .....2.05 at smith's. we have a link to the cheapest prices in your neighborhood on our kolo 8 app or at prices are sapple is firing back after a judge ordered

nominee, anthony kennedy was confirmed in february 1988. but kennedy's case is an unusual one. the vacancy came the previous year - in july 1987 when justice lewis powell resigned. reagan first nominated robert bork, who the senate rejected after a long, bitter debate. reagan then nominated the less-controversial kennedy in november 1987. the senate confirmed him three months later - 97 to 0. democrats say with 11 months left in obama's presidency, there's plenty of time to confirm a justice....

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. we know that is not the case becausejusticeanthonykennedywhois the most consequential supreme court justice rights now. he was nominated in late 199 7 but confirmed february 3rd if i'm not mistaken by a vote of 97-0. what do you make of this and how should president obama handle this do you think? >> well i think it is going toeb that one of the big debate, if not the big debit issdebate iss of the year. barack obama will pick someone who he think deserves to be on the supreme court and someone who has a real chance of getting through. but the reality is no one is going to get through this year. in a presidential election cycle as vicious as this one is and is bound to be and is bound to be even worse, there just won't be anybody. so we're going to have till november just a frozen environment between the white house and the senate over the supreme court nominee. and i think it is going to be the big issue on the campaign trail. >> absolutely. and the supreme court docket is obviously loaded with a lot of important cases. they are every year of course. and, you know, this races

. we know that is not the case because justice anthony kennedy who is the most consequential supreme court justice rights now. he was nominated in late 199 7 but confirmed february 3rd if i'm not mistaken by a vote of 97-0. what do you make of this and how should president obama handle this do you think? >> well i think it is going toeb that one of the big debate, if not the big debit issdebate iss of the year. barack obama will pick someone who he think deserves to be on the supreme...

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president's final year in office. president reagansnominee,anthonykennedywasconfirmed in february 1988. but kennedy's case is an unusual one. the vacancy came the previous year - in july 1987 when justice lewis powell resigned. reagan first nominated robert bork, who the senate rejected after a long, bitter debate. reagan then nominated the less-controversial kennedy in november 1987. the senate confirmed him three months later - 97 to 0. democrats say with 11 months left in obama's presidency, there's plenty of time to confirm a justice. that was jonathan karl reporting. president obama was asked if people should assume he'd nominate a moderate to replace scalia. the president said we would nominate except that it would be someone who was well qualified. pope francis caps off his time in mexico today. he'll travel to the former "murder capital of the world" to visit mexico's northern border. he'll deliver one more of the world" to visit mexico's northern border. he'll deliver one more mass and is expected to pray for undocumented immigrants who have died trying to cross into the unite

president's final year in office. president reagans nominee, anthony kennedy was confirmed in february 1988. but kennedy's case is an unusual one. the vacancy came the previous year - in july 1987 when justice lewis powell resigned. reagan first nominated robert bork, who the senate rejected after a long, bitter debate. reagan then nominated the less-controversial kennedy in november 1987. the senate confirmed him three months later - 97 to 0. democrats say with 11 months left in obama's...

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election years with the nominations domg year -- coming the year before. in factjustanthonykennedyrepublicannominee confirmed by a democratically controlled senate. so it's important to know that this process can go forward if both sides are willing to do it. >> woodruff: a lot of discussion about whether the president could make a recess appointment. what are the option he there? >> the white house says they're not going to do that. that could potentially change. he could legally do that, nothing to stop him from doing that. >> woodruff: meaning when the senate is in recess name somebody? >> just not go into recess, basically until next january right before the inaugust ration of the new president. they could have a session every few days, the president can't do it in a recess that is longer or shorter than ten days i believe. >> the court actually very recently gave both the president and congress something on this issue. it said that the president can nominate during a recess but the senate determines when it is in recess and even though the senate may leave and continue to thwart a rece

election years with the nominations domg year -- coming the year before. in fact just anthony kennedy republican nominee confirmed by a democratically controlled senate. so it's important to know that this process can go forward if both sides are willing to do it. >> woodruff: a lot of discussion about whether the president could make a recess appointment. what are the option he there? >> the white house says they're not going to do that. that could potentially change. he could...

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, the seat to replace justice powell went for several months. he finally was able to getjusticeanthonykennedyconfirmed, his third try. but that took about seven months to do that. so you're going to hear republicans kind of looking back and talking about that there is precedent for this with something so important. and keep in mind for republicans, this is the crucial fifth vote. the court is now composed of really five conservatives or was composed of five conservatives and four liberals. now with justice scalia's passing, that is 4-4. the court is in the balance. of course justice scalia not only provided the crucial fifth vote but was that sharp conservative voice, kind of that anchor for that court. so i think it's going to be very difficult to see republicans agreeing with anyone that this president puts up. of course he's complained that republicans are obstructionists. as i was saying before his remarks started, i don't think he's seen anything yet, because this is the battle republicans are ready to dig in for this battle. they see it as affecting nothing less than the future

, the seat to replace justice powell went for several months. he finally was able to get justice anthony kennedy confirmed, his third try. but that took about seven months to do that. so you're going to hear republicans kind of looking back and talking about that there is precedent for this with something so important. and keep in mind for republicans, this is the crucial fifth vote. the court is now composed of really five conservatives or was composed of five conservatives and four liberals....

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duck president. the onlyreasonanthonykennedywasname that late was because democrats in the senate rejected robert bork, and doug ginsburg. right now, the court is ex exquisitely balanced. as ronald reagan was to the presidency, so justice scalia was to the court. this is a 5-4 court. this next election needs to be a referendum on the court. the people need to decide. i'm glad the senate is agreeing for what i called for. we should not allow a lame duck president to capture the supreme court in the waning months of his presidency. >> does that mean you're going to filibuster anyone, anyone that the president nominates? >> absolutely. this should be a decision for the people, george. we have an election. democrats, i cannot wait. to stand on that stage with sanders and take the case to the people. what vision of the court do you want? let the election decide. if the democrats want to replace in nominee, they need to win the election. i don't think the american people want a court that will strip our religious liberties. one that will mandate unlimited abortion on demand with

duck president. the only reason anthony kennedy was name that late was because democrats in the senate rejected robert bork, and doug ginsburg. right now, the court is ex exquisitely balanced. as ronald reagan was to the presidency, so justice scalia was to the court. this is a 5-4 court. this next election needs to be a referendum on the court. the people need to decide. i'm glad the senate is agreeing for what i called for. we should not allow a lame duck president to capture the supreme...

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are quick to point out thatjusticeanthonykennedywasconfirmed in a presidential election year, which is part of the justification republicans g. give for not moving on a unanimous vote. this also ripples through the presidential race because you've got ted cruz in south carolina who is an experienced supreme court litigator. he spoke fluently on that issue. that's something that plays to his wheelhouse, but we don't know how that's going to affect polling in south carolina. donald trump has a big lead. donald trump is ahead by 10 to 20 points in various polls. we're going to see whether he can hold on and keep his advantage. one other group to watch is the senate republicans who were up for election in 2016. people like rob portman, moderate republican running in the state of ohio, is he going to be able to stand behind, as he did over the weekend, his leader, mitch mcconnell, and say, no, we don't want to confirm an obama choice for the supreme court. you can bet the president will pick somebody who is going to have a wide appeal, widest possible appeal to republicans, somebo

are quick to point out that justice anthony kennedy was confirmed in a presidential election year, which is part of the justification republicans g. give for not moving on a unanimous vote. this also ripples through the presidential race because you've got ted cruz in south carolina who is an experienced supreme court litigator. he spoke fluently on that issue. that's something that plays to his wheelhouse, but we don't know how that's going to affect polling in south carolina. donald trump...

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is a lame duck president. the onlyreasonanthonykennedywasnamed that late was because democrats in the senate rejected two other nominees. robert bork, and doug ginsburg. it was the democrats who had dragged it out many months to make it that way. right now, the court is exquisitely balanced. justice scalia, someone i've known for over 20 years. who was an extraordinary man. principled jurist. faithful to the constitution. his impact to the court was phenomenal. as ronald reagan was to the presidency, so justice scalia was to the court. this is a 5-4 court. this next election needs to be a referendum on the court. the people need to decide. i'm glad the senate is agreeing with what i called for. we should not allow a lame duck president to capture the supreme court in the waning months of his presidency. >> does that mean you're going to filibuster anyone, anyone president obama nominates? >> absolutely. this should be a decision for the people, george. we have an election. democrats, i cannot wait. to stand on that stage with hillary clinton or with bernie sanders and take the

is a lame duck president. the only reason anthony kennedy was named that late was because democrats in the senate rejected two other nominees. robert bork, and doug ginsburg. it was the democrats who had dragged it out many months to make it that way. right now, the court is exquisitely balanced. justice scalia, someone i've known for over 20 years. who was an extraordinary man. principled jurist. faithful to the constitution. his impact to the court was phenomenal. as ronald reagan was to the...

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been antonin scalia. the seen yo senior associate justice. he is no longerthere.anthonykennedy, confirmedin 1987 when be next. then clarence thomas and then, you know, all of the rest of the justices, and it is really the physical manifestation of the changing of the guard. and that's what we'll see. >> ruth bader ginsburg, supposedly justice scalia's best bud, there, too? >> notwithstanding, profound disagreements about the law. she will be there. she is -- everybody moves up a step in seniority, and, you know, she is now right in the middle of the court in terms of seniority. and it's -- they were very close. they spent new year's eve together. their families. justice ginsburg's late husband marty ginsburg was a famous gourmet chef. antonin scalia a famous gourmet eater. so it was a very good combination. they spent new year evil together. both justice ginsburg and justice scalia were big opera fans. something that they had in common. and they served together for decades. not just on this court but on the d.c. circuit court of appeals. so these people all go way back. >> beautiful. it

been antonin scalia. the seen yo senior associate justice. he is no longer there. anthony kennedy, confirmed in 1987 when be next. then clarence thomas and then, you know, all of the rest of the justices, and it is really the physical manifestation of the changing of the guard. and that's what we'll see. >> ruth bader ginsburg, supposedly justice scalia's best bud, there, too? >> notwithstanding, profound disagreements about the law. she will be there. she is -- everybody moves up...

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is four on each side. on the republican side, chiefjusticeanthonykennedyaremore moderate and their view -- views. scalia was the cornerstone of the conservative lock. his replacement has the potential of moving the court very far to the left.>> reporter: -- >> in about 30 minutes, a closer look at the battle and how things will play out.>> one thing that is critical is the youth. some local students want to make sure they make an informed choice.>> reporter: will galloway is the chairman of the lakewood high school chairman of the republicans. >> we are going to have to live with this president longer than any other generation and we are a turning point with this country. we do not get this election right, it is going to change for a century.>> reporter: galloway encourages all voters, he wanted in on the action.>> my generation should have the same opportunity as the next generation.>> reporter: they were not going to miss marco rubio stop in the midlands on monday. the republican candidate made an appearance at blizzard's thicket with actor mario lopez.>> our nation, the de

is four on each side. on the republican side, chief justice anthony kennedy are more moderate and their view -- views. scalia was the cornerstone of the conservative lock. his replacement has the potential of moving the court very far to the left.>> reporter: -- >> in about 30 minutes, a closer look at the battle and how things will play out.>> one thing that is critical is the youth. some local students want to make sure they make an informed choice.>> reporter: will...

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failed. in 1987 ronald reagan nominatedjusticeanthonykennedy, whowas confirmed in 1988, the final year of reagan's presidency. >> plan to fulfill my constitutional responsibilities to nominate a successor in due time. >> reporter: and president obama is insisting the senate fulfill its responsibility for a timely vote, but this claim too rings hollow, as the constitution does not contain a clause for a timely senate hearing or vote. >> we're not violating any part of the constitution by holding up the process? >> no, there's no provision that would prevent them from doing it but it's more a question of whether we want a constitutional culture in which the justices of the supreme court or the nomination process can be subject to these partisan whims. >> the reality is neither side is breaking any formal rules. as for logistics, the longest time from nomination to vote, 125 days. president obama has 336 days left in his term. it's politics driving this impasse. but politics that could have an enormous impact on abortion and immigration law. we're going to tackle that side of the sto

failed. in 1987 ronald reagan nominated justice anthony kennedy, who was confirmed in 1988, the final year of reagan's presidency. >> plan to fulfill my constitutional responsibilities to nominate a successor in due time. >> reporter: and president obama is insisting the senate fulfill its responsibility for a timely vote, but this claim too rings hollow, as the constitution does not contain a clause for a timely senate hearing or vote. >> we're not violating any part of the...

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administration argues that history is on its side, and points to the confirmation ofjusticeanthonykennedy...who was confirmed during the 19-88 election year. coming up next on channel 2 news this morning... here's what's coming up in your one of the areas that i've been particularly interested in is the area of children. we intend to be sure that everybody in this room and every child in this state is somebody. no matter where they're born, no matter to whom they are born. i want to make sure that every child has a chance to live up to his or her god-given potential. i've spent my life fighting for children, and i'm not stopping now. i'm hillary clinton, this morning... .... the news is back in the "this is channel 2 news, coverage you can count on" hillary clinton addressed around 800 people during a rally at t-m-c-c yesterday... and spoke to us about why she thinks she's the best candidate to lead the democratic party in november. and with presidential candidates looking to nevada on their campaign trails... both parties here are preparing days away. and a new hotel is opening

administration argues that history is on its side, and points to the confirmation of justice anthony kennedy... who was confirmed during the 19-88 election year. coming up next on channel 2 news this morning... here's what's coming up in your one of the areas that i've been particularly interested in is the area of children. we intend to be sure that everybody in this room and every child in this state is somebody. no matter where they're born, no matter to whom they are born. i want to make...

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the last term of bush'sterm,anthonykennedy, andhe was confirmed in the last year of reagan's presidency. the precedence goes both ways and the politics are important, and i am not saying a republican senator has to vote for whoever obama nominates. i would never say that, but i do think just saying we are not going to have the process or hold hearings and we are not going to vote or let it come to the floor, it would end up being more than a year, and i think it's pretty troublesome. >> give me a quick take on what is going on with apple? where do you think the line is between what you require a company to do when it comes to law enforcement? >> i think the company has to respond to valid subpoenas and warrants, and on the other hand, we ought to be clear what the fbi is asking apple to do in this case. they are asking apple to modify their own software and create a key that does not currently exist, and i have a real problem with that. this is a very complicated issue. we have been talking about it in the intelligence committee with the head of the fbi for over a year. every

the last term of bush's term, anthony kennedy, and he was confirmed in the last year of reagan's presidency. the precedence goes both ways and the politics are important, and i am not saying a republican senator has to vote for whoever obama nominates. i would never say that, but i do think just saying we are not going to have the process or hold hearings and we are not going to vote or let it come to the floor, it would end up being more than a year, and i think it's pretty troublesome....

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. >> reporter: they pointout,anthonykennedyconfirmedby a democratic senate in president reagan's final year. >> constitution does not include exepgs years. >> reporter: candidates insist the replacement for justice antonin scallia should not be president obama's choice. >> republicans should reject it. i think the new president should have that option. >> it's all about politics. >> reporter: they argue, even if an obama nominee is confirmed, it could be too late to have any impact this term. overnight a "the washington post" op-ed went online from top democrat harry reid, he called this partisan, saying republicans are insulting americans by threatening not to vote. tracie potts, nbc news washington. >>> next at 11:00, brutal beating if a high end east bay neighborhood. how it may lead to changes for people considering renting homes on airbnb. (scal): good day, m'lady! i am sir-can-a-lot, here to save you from another breakfast bore. wake up those eggs with glorious spam! see what spam can! do... at spam.com party. >>> 99% of the time things are okay but it makes you wonder. >> not this ti

. >> reporter: they point out, anthony kennedy confirmed by a democratic senate in president reagan's final year. >> constitution does not include exepgs years. >> reporter: candidates insist the replacement for justice antonin scallia should not be president obama's choice. >> republicans should reject it. i think the new president should have that option. >> it's all about politics. >> reporter: they argue, even if an obama nominee is confirmed, it could be...

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nominatedanthonykennedywhowas confirmed in 1988, the final year of reagan's presidency. >> i plan to fulfill my constitutional responsibilities to nominate a successor in due time. >> reporter: and president obama is insisting the senate fulfill its responsibility for a timely vote. but this claim too rings hollow, as the constitution does not contain a clause for a timely senate hearing or vote. >> they're not violating any part of the constitution by holding up the process? >> no. there's no provision that would prevent them from doing it. it's more a question of whether we want a constitutional culture in which the justices of the supreme court or the nomination process can be subject to these partisan whims. >> reporter: the reality is neither side is breaking any formal rules. as for logistics the longest time for nomination to vote, 125 days. president obama has 336 days left in his term, so it's politics driving this impasse, but politics that could have been enormous impact on abortion and immigration law. we'll tackle that side of the story tomorrow night. for reality check,

nominated anthony kennedy who was confirmed in 1988, the final year of reagan's presidency. >> i plan to fulfill my constitutional responsibilities to nominate a successor in due time. >> reporter: and president obama is insisting the senate fulfill its responsibility for a timely vote. but this claim too rings hollow, as the constitution does not contain a clause for a timely senate hearing or vote. >> they're not violating any part of the constitution by holding up the...

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isanthonykennedyhasa libertarian mix. he's not libertarian across the board. he votes for gun rights and gay rights. kennedy: you are one of the first people thought about when i heard of justice scalia. the eagles of death metal are back in pair race. their lead singer has an opinion kennedy: the california band eagles of death band was thrust into the spotlight when people at their concert were murdered. you would think they would take some time off. but not so when the front man is jesse hughes. he trowrnd paris and talked about gun control in the wake of such senseless death. >> i think it upon way my mind mind has been changed is that maybe until nobody has guns, everybody has to have them. i don't want to see anything like this happen again. i want everyone to have the best chance to live. i saw people die that maybe could have lived. i don't know, but i wish i knew for sure if they could have had a better chance. kennedy: that takes king size courage to come out and talk like that. in spite of paris' hash and sense list gun bans, the region is silly with bea weapons. go

is anthony kennedy has a libertarian mix. he's not libertarian across the board. he votes for gun rights and gay rights. kennedy: you are one of the first people thought about when i heard of justice scalia. the eagles of death metal are back in pair race. their lead singer has an opinion kennedy: the california band eagles of death band was thrust into the spotlight when people at their concert were murdered. you would think they would take some time off. but not so when the front man is...

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right now to overturn the death penaltywithanthonykennedybeingthe possible fifth, and in talking about what the type of argument that might be made to the court, well, one argument you could imagine making is that the trend is against the death penalty and it's probably -- would be enough for kennedy to hang his hat on but don't kill me for this probably intellectually dishonest argument. the intellectually honest argument would be to say whatever the degree of arbitrariness was present prior to 1972 hasn't even slightly been curtailed. the evidence of racism is as strong as it was. it's not statistically developed until the ball study but there is still a profound race and victim effect. it's geographically arbitrary, probably more profoundly than it was prior to 1972, and obviously in terms of economics and class, there's -- it's not even discussible whether or not the death penalty is arbitrary in those terms. as many people have documented, quality of representation, really what it comes down to if lu at these studies, it's he fkively random as to whether or not if you are a

right now to overturn the death penalty with anthony kennedy being the possible fifth, and in talking about what the type of argument that might be made to the court, well, one argument you could imagine making is that the trend is against the death penalty and it's probably -- would be enough for kennedy to hang his hat on but don't kill me for this probably intellectually dishonest argument. the intellectually honest argument would be to say whatever the degree of arbitrariness was present...

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can keep deting it but we're not moving forward. >> ronald reagannamedanthonykennedytothe supreme court in november of his seventh year. and kennedy was actually year. are you saying somehow that months later is over the line? >> yeah. again, i mean, i don't -- it doesn't really matter what they've done, reagan did in '87. it was '87 whether he nominated him. obviously, it was early in the year. this is november, ctober, september of last year where the president had more than a year left in office than perhaps this will be a different discussion. but he now has basically aut 11 months and 10 1/2 months left in office. we have an election coming up. therereill be a debate over what the supreme court justices should be likik and voters are going weigh in in november. they're goi to lekt a new president. i think the president should allow theheext president to appoint the justices to the supreme court and if it's me, and i anticipate that it will be, i'm going look for someone in the mold of justice scalili who while irreplaceable is a model jurorist and one of the great jur

can keep deting it but we're not moving forward. >> ronald reagan named anthony kennedy to the supreme court in november of his seventh year. and kennedy was actually year. are you saying somehow that months later is over the line? >> yeah. again, i mean, i don't -- it doesn't really matter what they've done, reagan did in '87. it was '87 whether he nominated him. obviously, it was early in the year. this is november, ctober, september of last year where the president had more than...

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term. and ronald reaganappointedanthonykennedyinlate 1987. it was approved in 1988. that was reagan's last year. now, are these exceptions? are these lame ducks? the question is what constitutes a lame duck? there is no legal definition. the other thing that complicates it is there aren't really many supreme court justices in the past 80 years who have decide in the court in the specific window in which you might have a lame duck president. nonetheless, there are very few instances where it has happened. so we are going to have to say no matter how you slice it up what rubio said was mostly true. and of course you can find out more about how we decided all this, erin, and many more things that we checked by going to cnn.com/realitycheck. erin? >> all right, tom. thank you very much. so mostly true, the verdict, on what marco rubio had to say. jeffrey toobin, you think something ted cruz said was much more problematic. >> it was early in the debate, and john dickerson really called him on it because rubio said it has not happened that a supreme court nominee has been approved

term. and ronald reagan appointed anthony kennedy in late 1987. it was approved in 1988. that was reagan's last year. now, are these exceptions? are these lame ducks? the question is what constitutes a lame duck? there is no legal definition. the other thing that complicates it is there aren't really many supreme court justices in the past 80 years who have decide in the court in the specific window in which you might have a lame duck president. nonetheless, there are very few instances where...

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another party, and we got a greatpick,anthonykennedy, whohas reached across the aisle as a justice and sometimes voted with republicans and sometimes voted with democrats. he's rare in washington, d.c., in doing that. and the process really worked well. and that was an election year, presidential election year. it could work really well again this time, if the two branches and the two parties could get together. >> professor, thank you so much for joining us with your incredible insight. always a pleasure speaking with you. thank you. i want to mention a programming note. msnbc will be hosting a town hall with hillary clinton and bernie sanders. that's going to be hosted by nbc's chuck todd, msnbc's jose diaz balart. that's this thursday, 9:00 eastern right here on msnbc. and thank you so much for joining me for this hour on msnbc. i'm tamron hall. steve kornacki will pick up the coverage next. he's live on the ground in south carolina. i'll see you tomorrow. out there diabetic nerve pain... shoots and burns its way into your day, i hear you. to everyone with this pain that makes o

another party, and we got a great pick, anthony kennedy, who has reached across the aisle as a justice and sometimes voted with republicans and sometimes voted with democrats. he's rare in washington, d.c., in doing that. and the process really worked well. and that was an election year, presidential election year. it could work really well again this time, if the two branches and the two parties could get together. >> professor, thank you so much for joining us with your incredible...

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message that is not the way our constitution works. >> reporter: they pointoutanthonykennedywasconfirmed by a democratic senate in president reagan's final year. >> the the constitution does not include exemptions for the president's last term in office or election years. >> reporter: republican candidates insist the replacement for justice antonin scalia should not be president obama's choice. >> the republicans should reject i think the new president should have that option. >> practical implications are nil. it's all about politics. >> reporter: they argue even if an obama nominee is confirmed, it could be too late to have any impacts this term. now, we got an op-ed overnighted harry reid calling this nakedly partisan, but we'll see what happens when congress comes back next week. >> it will be interesting to see. tracie potts from washington. thank you very much. >>> it's 5:7. coming up, police make an arrest after a double homicide at a spa. late night developments next. >> reporter: and i'm bob redell, we'll take you to the east bay and how you can help this little guy ge

message that is not the way our constitution works. >> reporter: they point out anthony kennedy was confirmed by a democratic senate in president reagan's final year. >> the the constitution does not include exemptions for the president's last term in office or election years. >> reporter: republican candidates insist the replacement for justice antonin scalia should not be president obama's choice. >> the republicans should reject i think the new president should have...

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." they pointout:anthonykennedywasconfirmed by a democratic senate... in president reagan's final year. "the constitution does not include exemptions for election years, or for the president's last term in office." "we're in an election year, so i'm not going to pretend that that's not part of the atmospherics here." republican candidates insist the replacement for justice antonin scalia should not be president obama's choice. presidential candidate :57-1:00 "the republicans should reject it. i think the new president should have that option." presidential candidate 1:01-1:04 "the practical implications are nil. it's all about politics." they argue even if is confirmed, it couldact this term.racie potts, nbc news,osted washington post, top democrat harry reid calls this quote "nakedly partisan" and says republicans are quote "insulting americans' intelligence" by blocking a vote. new overnight... an suv slammed into a home in aurora. just look at this mess -- the man who rents to home took these pictures. he says the suv plowed through a fence before hitting the home. the renter s

." they point out: anthony kennedy was confirmed by a democratic senate... in president reagan's final year. "the constitution does not include exemptions for election years, or for the president's last term in office." "we're in an election year, so i'm not going to pretend that that's not part of the atmospherics here." republican candidates insist the replacement for justice antonin scalia should not be president obama's choice. presidential candidate :57-1:00...

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thomas.anthonykennedyhaslong been considered the more moderate swing vote. scalia's death will likely set off a struggle between the president and congress. lana zach has the story from washington. >> reporter: just scalia was known for his razor sharp mind, costic wit and his passing leaves a tremendous hole. justice scalia was known as the conservative anchor of the supreme court. his sudden death was marked by republicans and democrats alike. >> he influenced a generation of judges, lawyers and students. and profoundly shaped the legal landscape. >> he'll go down as one of the great justices in the history of this republic. >> reporter: there's already a political battle brewing. mitch mcconnell threatening republicans will not confirm any obama nominee. the president saying he'll fulfill his constitutional responsibility. >> there will be plenty of time for me to do so and for the senate to fulfill its responsibility to give that person a fair hearing. >> reporter: antonin scalia was the longest serving justice on the current united states supreme court. nominated by presid

thomas. anthony kennedy has long been considered the more moderate swing vote. scalia's death will likely set off a struggle between the president and congress. lana zach has the story from washington. >> reporter: just scalia was known for his razor sharp mind, costic wit and his passing leaves a tremendous hole. justice scalia was known as the conservative anchor of the supreme court. his sudden death was marked by republicans and democrats alike. >> he influenced a generation of...